California domestic violence laws define the crimes of domestic violence and their corresponding penalties. The law protects families from all forms of domestic abuse inflicted against either the child, the spouse, or any partner with a dating or engagement relationship.
Domestic violence charges are frowned upon, especially by those not guilty. A domestic violence conviction can result in deprivation of your fundamental rights and privileges, which can alter your way of living forever. Your domestic violence case is best handled through the help of a criminal defense lawyer.
You’ll need a domestic violence attorney to handle your domestic violence case and organize everything from drafting your defense to appearing in trial on your behalf. The process may be overwhelming, but you do not have to go through it alone.
You Will Face Penalties Depending On The Type Of Domestic Violence Crime You’re Charged With
Domestic abuse is a severe offense that leads to the deprivation of liberty and other rights you used to enjoy. Whether it is a felony domestic violence or a misdemeanor domestic violence, California’s domestic violence laws provide for hefty fines and jail time for offenders who will put the lives of their own families in danger.
The California Penal Code provides for the penalties imposed on all kinds of domestic violence charges. Here are the types of domestic violence charges and their penalties as provided by law:
- Corporal injury to a spouse. A spouse’s serious bodily injury is punished with imprisonment of 1 year in county jail or four years in state prison.
- Domestic battery. Domestic battery includes a fine of up to $2,000 or 1 year of county jail imprisonment.
- Criminal threats. Threatening someone with serious harm or other crimes is punishable from 1 year as a misdemeanor offense up to 4 years in prison as a felony offense.
- Child abuse. Imposing physical harm upon a child is punishable with up to 3 years in state prison and a fine of $6,000.
- Child neglect. Child neglect or failure to provide support and care for a child is punished with one year of county jail imprisonment and a maximum fine of $2,000.
- Child endangerment. Child endangerment is a wobbler punished with a jail time of up to 6 months.
- Elder Abuse. Any form of elder abuse is punished with a maximum of 4 years in state prison.
Additional Consequences When You’re Convicted Of Domestic Violence Crime In California
Domestic abuse does not only lead to suffering penalties provided by law. Your domestic violence charges can mean loss of civil rights, such as the capacity to manage your property, hold public office, and obtain professional licenses like those for lawyers, social workers, and pharmacists. This is because domestic violence is a crime that involves moral turpitude. Some of the consequences include:
Mandatory Minimum Jail Time
The law’s punishment for domestic abuse is imprisonment in a county jail or state prison. This is a penalty for either a felony or misdemeanor. A prison sentence means deprivation of liberty as a citizen, being confined in a facility exclusive for those convicted of crimes. A felony domestic violence can lead to imprisonment of up to 6 years.
Payment Of Victim Restitution And Domestic Violence Fund
The punishments provided by law are not just passive obligations, wherein the offender is just bound to surrender and be placed in prison. Civil liabilities come with each crime, and these are used to pay medical treatment and other medical bills, especially for serious injuries.
Participation In A Batterer’s Program
Domestic violence programs aim to provide counseling and other services to allow the accused to learn and rebuild their lives after being charged. The reintegration of those convicted of domestic violence crimes benefits society. Domestic abusers do not have to stay the same and be nuisances to society for the rest of their lives.
Permanent Criminal Record
Criminal history is a basis for one’s character, and domestic violence convictions are permanently reflected in the defendant’s criminal record.
Loss Of Custody Rights
Losing child custody permanently can be one of the major consequences of a domestic violence conviction. A person charged with domestic violence may be ordered to stay away from the child’s home or be denied custody and visitation rights.
Loss Of Gun Rights
A criminal conviction because of domestic violence disallows you from owning a gun. This consequence is very detrimental since, as a constitutional right, owning a gun allows you to defend yourself.
Restraining Orders
A domestic abuse conviction also means the imposition of a restraining order to assure the victims that they are safe from the offender. A domestic violence restraining order is also considered a deprivation of your liberty. The purpose of restraining orders is to limit your movement and maintain a certain distance from the victims.
Immigration Consequences
The accused’s criminal history is the basis for removal from the United States. If such history reflects domestic violence, this can lead to deportation for immigrants or revocation of citizenship. Convictions will also make it more difficult to gain residency if someone applies while they are here on a temporary visa. Anyone accused of domestic violence may be placed into removal proceedings.
The Process Of Criminal Cases In California
- THE ARREST. A person is arrested and taken under the custody of law enforcement for further investigation.
- CASE START. The case starts with the arrest and the drafting of a report indicating the circumstances surrounding the arrest. A copy of this report will be given to the lawyer representing the accused to give them information on the possible charges. If there is probable cause, the prosecutor shall formally file charges against the accused. The charges can also be dismissed outright. If there are formal charges, the case shall proceed with the arraignment.
- THE ARRAIGNMENT. In the arraignment, the defendant is present with their lawyer and representatives. The judge will go through a summary of the case from both sides using information from police reports, witness statements, and any other evidence provided by the prosecutor. If the defendant pleads guilty or no contest to all charges, they are given their sentence by the judge.
- AFTER THE ARRAIGNMENT. If the defendant pleads not guilty, a pretrial investigation is recommended. The main goal of this process is to have the case dismissed or reduced by negotiations with the prosecutor and preparing for trial. A formal discovery request will be presented to all parties involved to obtain evidence during this time. This includes witness statements or any other documentary evidence.
- TRIAL. A trial is a right of an accused to have a day in court. This process aims to prove the defendant’s innocence. Depending on the charge, a defense strategy is used to prove reasonable doubts before a jury or judge. The prosecutor will present their case, and then the defendant can explain their side of the case and allege their defenses properly.
- SETTING A TRIAL DATE. The defense and prosecutor will discuss possible resolutions to the case to set a trial date. If they can not agree on a resolution, the judge shall set a date for trial.
- WHAT HAPPENS AT TRIAL. This is where both parties present their evidence to prove their claims.
- THE VERDICT. The judge or the jury will announce their verdict after both sides present all the evidence. If the defendant is found not guilty, they shall be released, and if found guilty, they shall go through their sentencing.
- AFTER THE TRIAL, THE APPEAL PROCESS. After the final judgment is rendered, the defense has the right to file an appeal. This requires that a notice of appeal be filed with the trial court. This process is merely for the appellate court to review the verdict and see if the accused’s rights are violated.
A criminal defense attorney will guide you throughout the process and ensure that you have enough knowledge on every stage of the proceedings.
Speak With A Domestic Violence Attorney In California If You’re Charged With A Domestic Violence Crime
A domestic violence lawyer can adequately allege and prove your legal defenses. Call us now at Summit Defense and get a hold of expert legal advice from our criminal defense lawyers. Summit Defense is a law firm based in California that caters to the legal needs of those with criminal domestic violence charges. A criminal domestic violence charge does not have to disturb your peace and way of living.
Contact us at 1-866-537-2584 for a free consultation. Our team of criminal defense attorneys will help you in every stage of the proceedings.
